DGAA bLAWg

What Happens if You Fail a Field Sobriety Test, and What Happens if You Refuse

Web Admin - Tuesday, October 07, 2014

Illinois breathalyzer fail, Barrington DUI lawyerThe State of Illinois considers drunk driving to be a serious crime, and imposes high penalties for people found guilty of it. Often, drunk drivers are caught during a traffic stop after taking a breathalyzer test or failing a field sobriety test. Field sobriety tests are a battery of heuristic, qualitative examinations, like requiring the driver to stand on one foot for a certain period of time or to walk heel to toe.

However, drivers are not required to take these field sobriety tests because they qualify as a search under the Fourth Amendment. Additionally, these sorts of tests are not covered by Illinois' implied consent law. The implied consent law states that operating a motor vehicle is a privilege, not a right, and that by driving, a person consents to have his or her breath, blood, or urine tested for alcohol. This means that, while there are penalties for refusing one of those tests, those penalties do not apply to field sobriety tests. There is one exception to this rule, however. If a person has been issued a registry card for the state's new medical marijuana program, then the implied consent law does extend to field sobriety tests.

Penalties for Failure

Courts often view failing a field sobriety test as evidence that a person was driving under the influence. This evidence can often be strengthened by the police taking a chemical test. If either test proves to the court's satisfaction that the driver's blood alcohol content (BAC) exceeded 0.08 percent, then that person triggers the DUI penalties in Illinois. A first offense comes with a maximum fine of $2,500 along with a potential jail sentence of up to one year. Additionally, a first offender's license may be suspended for a minimum of six months.

These penalties increase for repeat offenders, with the license suspension going up to a five-year minimum for a second offense. A third DUI triggers a 10-year suspension and a prison sentence of between three and seven years. Additionally, every DUI offense comes with the penalty of having an ignition interlock device installed in the offender's car, which functions as a breathalyzer test to turn the car on.

Penalties for Refusal

Refusing to take the field sobriety tests does not trigger any penalties, unless the driver has been issued a medical marijuana registry card. However, there are penalties for refusing to take a chemical test. These penalties start at a one-year summary suspension of a person's driver's license. Additionally, if a person has previously had a suspension or a DUI conviction in the past year, then the penalty increases up to a three-year suspension.

DUI charges are a serious sanction in Illinois that can have long-lasting consequences. If you have recently been charged, seek help from an experienced Illinois criminal defense attorney. Our firm defends the rights of clients across the northwest suburbs, including in Barrington, Rolling Meadows, and Des Plaines.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.


Recent Posts


Tags

Illinois medical malpractice claim gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys premises liability Buffalo Grove injury lawyer trauma after an accident license revocation employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Palatine criminal defense lawyer Deer Park motorcycle accident lawyer DUI Buffalo Grove employment lawyer wrongful death Rolling Meadows car accident lawyers forming a corporation in Illinois food poisoning distracted driving accident victims Crystal Lake traffic attorney compensatory time operating agreements pizza emoji clemency pedestrian injuries, pedestrian fatality health insurance dispute Illinois lawyer Arlington Heights lawyer jet ski spinal cord injuries product liability Des Plaines medical malpractice attorney vacation home fines Inverness corporate attorney Palatine employment lawyer Deer Park personal injury lawyer license reinstatement Arlington Heights employment attorney Buffalo Grove traffic lawyers Colin H. Gilbert foreclosed rental property life insurance claims DNR Crystal Lake civil litigation lawyer Self-Directed IRA Accounts Rolling Meadows marijuana attorney murder Arlington Heights tax lawyer Buffalo Grove law firm personal injury claims Schaumburg elder law lawyer Palatine traffic lawyer Illinois driving without license bicycle dooring accidents Crystal Lake personal injury attorney Barrington personal injury lawyer bicycle accidents Schaumburg employment law attorneys employment lawyer medication errors Fourth of July real estate attorney car accident lawyers car accident construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation drunk driving statistics Schaumburg Attorney trustee Joliet general practice lawyers probate claims process bike accident LLCs Illinois personal injury lawyer workplace sexual harassment insurance claims Rolling Meadows criminal attorney expungement Illinois employment attorneys guardianship attorney Arlington Heights personal injury lawyer filing a medical malpractice claim Buffalo Grove probate lawyer Crystal Lake tax lawyer Illinois personal injury lawyers real estate contract Illinois registered agent Des Plaines DUI attorney Chicago car accident lawyer motorcycle accident Illinois insurance lawyer drug crime Chicago biking tips Rolling Meadows employment attorney Des Plaines Traffic Lawyer living trust Buffalo Grove criminal defense lawyer Arlington Heights trucking lawyer Rolling Meadows accident lawyer car crash in terrorem provision Kenilworth estate planning attorney Deer Park criminal attorney Buffalo Grove car accident lawyer overtime violations Rolling Meadows insurance dispute lawyers, insurance dispute Illinois traffic attorney Crystal Lake pedestrian accident lawyer meal breaks Exclusions car crashes Schaumburg real estate lawyer Crystal Lake accident attorney mass shooting DUI penalities Illinois real estate lawyer probate claims employee rights Palatine estate planning lawyer defective products lawyer motorcycle accident lawyer trusts condo Arlington Heights insurance attorney personal injury attorney insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Attorney Ken Apicella insurance claim dispute Arlington Heights Traffic Lawyer traumatic brain injuries dynasty trusts Illinois pet lawyer Illinois employment law Barrington employment law attorney drug crimes car crash injuries Illinois law denied insurance claim real estate leasing personal injury accidents trust payments workers compensation pet law Illinois workers compensation attorney college kids digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Barrington employment law firm estate plan appealing an insurance claim crossover accidents Inverness real estate lawyer wrongful termination Schaumburg wrongful death attorney landlord tenant law privacy Des Plaines insurance attorney child safety Illinois insurance dispute lawyers Schaumburg estate planning lawyer Illinois employment laws civil litigation attorney Home Sale Contingencies GM ignition switches suspended license holiday statistics pregnant women South Barrington real estate attorney Illinois attorney Rolling Meadows insurance lawyer Illinois collections attorney manufacturing Illinois Smoke Detector Act investment property Illinois insurance claims lawyers irrevocable trust Illinois insurance claim dispute lawyer hit and run accident employee misclassification small business Schaumburg medical malpractice lawyer Arlington Heights wills and trusts lawyers Illinois employment lawyer traffic laws new real estate form cell phone tower data Long Grove estate planning attorneys medical malpractice compensation Rolling Meadows litigation lawyer Schaumburg drug defense lawyer pet bites marijuana Illinois bicycle safety cell phone Illinois employee rights attorney. insurance agent negligence DMV texting while driving llinois Real Estate Lawyers Association drunk driving mortgage Inverness estate planning lawyer Illinois employment law firm special needs trust Forcible Entry bad faith insurance claims car accident lawyer estate planning lawyer boating DUI Illinois insurance claim attorney Illinois small business Illinois pedestrian accident attorney personal injury license suspension unfunded trust employment attorney comp time taxes Arlington Heights real estate lawyer Des Plaines real estate lawyer insurance denial appeals real estate Arlington Heights wills and trusts attorney Rolling Meadows Traffic Lawyer Des Plaines drug lawyer federal crimes Rolling Meadows insurance attorney Illinois personal injury Palatine law firm Schaumburg personal injury lawyers TBI wage theft senior citizens advance healthcare directive Chicago trucking accident attorney Kenilworth estate planning attorneys construction contracts Illinois Transfer on Death Instrument FMLA Illinois wrongful termination lawyer Palatine workers compensation lawyer Des Plaines pet law attorney Des Plaines accident attorney Illinois medical malpractice lawyers institutional trustee probate lawyer IRELA real estate lawyer IRS Illinois insurance attorney Barrington business law firm insurance claim denials Palatine construction attorney Illinois criminal defense attorney Crystal Lake traffic lawyer Barrington medical malpractice lawyers Deer Park DUI lawyer Barrington employment attorney medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers revenge porn Illinois employment law attorneys Illinois red light cameras Schaumburg estate attorney first degree murder Illinois rollover accident lawyers Crystal Lake car accident attorney Schaumburg car accident attorney Illinois DUI attorney civil rights violation Do Not Resuscitate boating accidents sexual harassment Long Grove wills and trusts attorneys employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, subcontractor Inverness elder law lawyer Des Plaines collections attorney estate planning accidental death benefits hands free device Des Plaines drug crimes lawyer blended families power of attorney slip and fall accidents Illinois civil litigation lawyer Rolling Meadows DUI lawyer loss of consortium pedestrian accident reckless homicide medical malpractice Rolling Meadows business lawyer drug possession Inverness personal injury attorney Schaumburg probate attorney rest breaks Detainer Actions Crystal Lake bike accident lawyer Illinois medical malpractice attorney problem employees work unions Palatine employment attorney digital media accounts, estate planning, Arlington Heights estate planning attorney, Palatine trusts lawyer Buffalo Grove medical malpractice lawyers living trust benefits Arlington Heights Attorney low-ball insurance settlement sole proprietorship corporate law personal injury claim Barrington workers compensation attorney medical marijuana Illinois workers compensation lawyer Des Plaines personal injury lawyer Illinois home inspection traffic violations Barrington Traffic Lawyer Barrington personal injury attorney Schaumburg Arlington Heights wills and trusts lawyer personal injury lawyer estate tax digital information employment law, Illinois employment laws wills and trusts Crystal Lake medical malpractice lawyer Long Grove estate planning breathalyzer test School Visitation Rights Act IRA trust transfer traffic accidents life insurance policy Arlington Heights accident attorney insurance dispute Illinois Human Rights Act consent to a search rumble strips insurance attorney Arlington Heights estate planning attorney murder defense Rolling Meadows tax attorney Palatine civil attorney underfunded trust Des Plaines personal injury attorney Retaliatory Discharge brain injury whistleblower protections Rolling Meadows insurance dispute lawyers Crystal Lake medical malpractice attorneys driving loopholes rollover accidents ObamaCare Chicago attorney Affordable Care Act Chicago will attorney, social media platforms, Illinois estate planning lawyer, Illinois defective products attorney Mount Prospect real estate lawyer spinal cord injury Illinois elder law attorney Buffalo Grove personal injury attorney employment contract liens Des Plaines claims law firm Schaumburg personal injury attorney no contest clauses owner responsibility Illinois traffic ticket lawyer Mount Prospect elder law attorney boating under the influence Illinois traffic attorneys startup company truck collisions overtime pay insurance claim denial living wills gift taxes insurance negligence insurance agents Arlington Heights car accident lawyer Chicago lawyer contracts breach of contract comparative negligence healthcare condo association Des Plaines tax law firm Schaumburg criminal law attorney Liquor Control Act car accidents Kenilworth estate planning lawyer Inverness probate lawyer Legal Info Illinois Probate Act of 1975 eluding a police officer ken apicella Illinois estate planning insurance claim Barrington criminal defense lawyer Chicago estate planning denied insurance claims Palatine corporate law attorneys auto accidents Crystal Lake business law attorneys preventable medical errors Illinois corporate lawyer business litigation Barrington boating accident attorney Des Plaines motorcycle accident attorney ACA fiduciary rule delay life insurance lawyer Illinois injury lawyer Rolling Meadows real estate attorney commercial leasing income distribution deducation automated cars Illinois mortgages Arlington Heights wills and trusts attorneys natural gas Deer Park traffic lawyer Long Grove real estate attorney Chicago insurance claim attorneys Buffalo Grove traffic attorney estate attorney residential real estate Chicago will attorney federal regulations for LLCs real estate closing caregiver wills Chicago corporate attorney Landlord Tenant Ordinance Rolling Meadows personal injury lawyers jet ski accidents real estate attorneys commercial leases civil litigation Illinois business lawyer Illinois medical malpractice case underage DUI Family Medical Leave Act Illinois insurance claim dispute lawyers Illinois Workers’ Compensation Commission traffic tickets estate planning for college students pedestrian accidents Palatine insurance lawyer Arlington Heights employment law attorneys Illinois speeding lawyer Crystal Lake insurance lawyer independent contractor Schaumburg civil litigation attorney Thanksgiving Illinois trusts attorney pain and suffering nursing home negligence agent Illinois real estate Rolling Meadows drug defense attorney Illinois wills and trusts criminal defense Barrington civil litigation attorney fiduciary rule Illinois traffic laws distracted driving accidents Crystal Lake law firm Illinois workplace lawyer speeding Inverness insurance attorney underinsured motorist Palatine personal injury lawyer license deadly crashes Crystal Lake injury attorney personal injury law firm anesthesia errors construction accidents homestead rights Barrington real estate lawyer pedestrian-automobile accident real estate zoning DUI attorney personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Rolling Meadows employment law attorney employment law Palatine corporate attorney head on collisions CAM POA defective products deed transfer foreclosure Palatine injury attorney right to work probate Crystal Lake car accident lawyer Barrington Illinois estate planning lawyer living trust vs will estate planning attorney creditors insurance dispute attorney golf accidents BUI medical malpractice claims criminal law Food and Drug Administration's Food Safety Modernization Act Buffalo Grove real estate attorney Crystal Lake employment law attorney Illinois DGAA marijuana crimes attorney Crystal Lake personal injury lawyer murder charges Barrington attorney rollover car crashes unpaid assessment Inverness real estate attorney Arlington Heights car crash attorneys estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, insurance adjusters insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Illinois workplace discrimination attorney BAIID liability claims unpaid overtime medical research Rolling Meadows estate planning attorney Rolling Meadows Long Grove estate planning attorney surgical mistakes employee discrimination Chicago traffic lawyer Employment Discrimination Law Illinois probate lawyer Palatine business attorney Palatine probate lawyer Rolling Meadows traffic law firm Rolling Meadows employment law attorneys unauthorized overtime Crystal Lake employment lawyer Palatine drug lawyer Chicago employment lawyer elder abuse Deer Park medical malpractice attorney Des Plaines power of attorney for healthcare Inverness traffic law firm natural gas explosion Chicago estate planning lawyer Arlington Heights personal injury attorney Crystal Lake criminal defense attorney paid sick leave dram shop law Rolling Meadows medical malpractice lawyers wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace insurance claim dispute attorney Arlington Heights TBI attorney Des Plaines real estate attorney Inverness injury lawyer Rolling Meadows personal injury attorney digital evidence Arlington Heights medical malpractice lawyer commercial real estate minimum wage traffic deaths Schaumburg estate planning attorney Crystal Lake pet attorney Illinois personal injury attorney changes to mortgage law Buffalo Grove insurance claim dispute lawyers Rolling Meadows traffic attorney Illinois boating accident lawyer Schaumburg employment attorney elder law Super Mario Illinois construction accident attorney Palatine traffic accidents disability benefits Crystal Lake will lawyer South Barrington real estate lawyer Des Plaines civil attorney Illinois trucking safety workers compensation benefits Crystal lake insurance dispute attorney products liability Deer Park traffic accident attorney criminal record PTSD Rolling Meadows corporate lawyer texting and driving Schaumburg construction accident lawyer Deer Park real estate law firm Illinois Wage Payment and Collection Act Barrington estate planning lawyer Mount Prospect wills and trusts lawyers Arlington Heights injury attorney Deer Park workers compensation lawyer Riverwoods estate planning lawyer Schaumburg insurance lawyers Crystal Lake medical malpractice law firm involuntary manslaughter Schaumburg corporate attorney Buffalo Grove corporate attorney Deer Park accident attorney trench injuries insurance denials probate fees attorney fees Arlington Heights criminal lawyer privacy laws Palatine employment law lawyer Policy Cancellation rent to own real estate contracts Illinois employment law attorney Crystal Lake estate planning lawyer Schaumburg injury lawyer social media after death criminal home inspection lawyer Illinois estate planning attorney Inverness accident lawyer traumatic brain injury Fair Labor Standards Act Des Plaines criminal attorney icy parking lots swimming pools trucking accidents Whistleblower Claims dealing with problem employees Des Plaines injury law firm Rolling Meadows boating crash lawyer controlled substance back injuries estate planning trusts car collision liability cell phone accidents Barrington drug crime attorney dog bites Illinois will lawyer preventing accidents Deer Park employment law attorney Illinois insurance disputes digital assets Inverness DUI lawyer hiring employees Illinois estate planning law firm internet Jay Andrew employees landlord Illinois business law atorneys BAC capital gains tax Schaumburg personal injury lawyer Palatine punch death fatal car accidents Illinois jet ski accident lawyer Chicago employment attorney insurance claim delay vacation home field sobriety test sexual images Mt Prospect Attorney Barrington estate planning attorney Crystal Lake employment attorney FSLA Rolling Meadows personal injury lawyer tax attorney Inverness civil lawyer estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers modern family estate planning Chicago insurance law firm installment contracts insurance disputes Colin Gilbert financial advisors Arlington Heights traffic attorney traffic violations defense probate process Rolling Meadows criminal lawyer Barrington injury attorney Des Plaines personal injury lawyers IRA benefits Rolling Meadows Attorney Schaumburg criminal attorney Palatine elder law attorney Illinois LLC creation life insurance Illinois Sales Representative Act Rolling Meadows probate lawyer trucking accident lawyers Palatine real estate lawyer blood alcohol content Illinois wills and trusts attorneys Long Grove real estate lawyer Home Remodeling Repair Act job lawyers fault based insurance Illinois job attorney traffic crimes traffic offenses Barrington litigation attorney Illinois living will drug crimes lawyer Arlington Heights pedestrian accidents Class A misdemeanor uninsured motorist Illinois tax attorney Illinois motorcycle accident lawyer caretaker rights Palatine Attorney Federal Food Drug and Cosmetic Act Schaumburg traffic lawyer severance agreements Illinois traffic accident lawyer Palatine civil litigation lawyer Barrington criminal lawyer Illinois car accident attorney pay when paid contract workers comp drugs Buffalo Grove personal injury lawyer DUI defense healthcare claims Transfer on Death Instrument slip and fall denial of life insurance

Archive